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(영문) 춘천지방법원 원주지원 2016.01.06 2015고단1002
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 1, 2013, the Defendant was sentenced to a fine of seven million won due to a violation of road traffic laws in the Chuncheon District Court's original state support on November 1, 2013, and was sentenced to a suspended sentence of two years for a period of ten years by the same court on December 11, 2013.

On August 27, 2015, the Defendant, without obtaining a driver’s license for a vehicle at around 01:55, driven a C rocketing car at the section of approximately 1.5 km from the front of “Rari-gu,” which is under the influence of alcohol of 0.210% during blood, to the front of “Pari-gu,” which is under the driving of the original-time movement at the speed of 0.210% during blood, to the front of “ Pari-gu,” a day of “Pari-do,” located in the same hour.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a primary driver and a report on a traffic accident (1)- a report on actual condition;

1. The driver's license ledger;

1. Previous convictions: The application of inquiry letter, investigation report (prior convictions and confirmations of suspect suspended execution) and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Taking into account the fact that there are many criminal records of the same kind of punishment for sentencing under Articles 53 and 55(1)3 of the Criminal Act, recidivism during the period of suspension of execution of the same crime, driving under the condition that alcohol is high, causing an accident by driving under the condition that the amount of alcohol is high, and reflects the fact that the punishment is imposed; and

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